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Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for Louisiana on
Q: Can I get Child support if father is in prison for sexually abusing the child
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

From whom are you going to get child support? He has no income and his child support is suspended while he is incarcerated. So unless he gets an inheritance or wins the lottery while in prison, you won't be eligible for child support until he gets out

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Texas on
Q: I'm really need help,my lawyer withdraw in the middle of mediation and im brook.

Im disabled and now thay Will roll right over me.im trying to get division of assets sure I can survive 401k and investment fund s

Tim Akpinar
Tim Akpinar answered on Jan 20, 2020

I'm sorry for your difficult situation. Texas attorneys would be most knowledgeable in directing you toward resources that might be helpful, but your post remains open for two weeks. Until you're able to reach a Texas attorney for meaningful input, maybe you could start looking at resources on this... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Does my attorney have to send me copies of emails with opposing party’s attorney and that I am charged for?

*NOTE* THEY ARE NO LONGER THE ATTORNEY OF RECORD. WITHDRAW WAS GRANTED. MY QUESTION WAS IN REGARDS TO THE LAWS OF WITHHOLDING INFORMATION FORM OPPOSING COUNSEL. Case is still in litigation. There’s nothing ‘silly’ about the impact it’s had on my case.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 20, 2020

This is not a legal question. AVVO was not designed as a place where people who have lawyers can ask other lawyers about silly issues arising between people and their lawyers.

1 Answer | Asked in Divorce for Louisiana on
Q: I got a divorce but I put the wrong last name for her what do I do
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

Your attorney needs to file a Supplemental Petition.

1 Answer | Asked in Divorce for California on
Q: Is it possible to file for divorce without a lawyer without a big hassle?

My husband and I have been married for 4 years, no children, mutally decided how debt would be split, cars were owned prior to entering the marriage. We have a house, that I want nothing to do with, I am not on the loan only the title. We have no other assets, we split our bank accounts evenly and... Read more »

Jennifer Piper
Jennifer Piper answered on Jan 20, 2020

You have the right to represent yourself in court both as the Petitioner or Respondent. Some courts make the processes easier than others, provide forms and may even had a special docket if individuals do not wish to hire attorneys for divorce or custody issues. You would need to check with your... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: How to divorce a Federal inmate?

This question is for a friend. She was married in Georgia but her husband has been in Butner prison in North Carolina since 2013 to be out in 2023. She lives in China and can not get a visa to enter the USA since she applied for a Green card before her husband was arrested. How can she get a... Read more »

Adam Bull
Adam Bull answered on Jan 20, 2020

She can file an action for divorce and have him served in prison. Assuming he doesn't contest any of the allegations, the divorce can be obtained by summary judgment so she would not have to be here.

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1 Answer | Asked in Divorce for Florida on
Q: My husband and I have separated by his request. If I move out of our house, can he claim that I abandoned our home?

We have been married 34 years before separation and live in Florida. We own the house together and I'm still living in the same home with him but separated, but i would like to live in my own apartment now. He said he would help me with rent since I am disabled and live on Social Security... Read more »

Mr Eric Klein
Mr Eric Klein answered on Jan 20, 2020

As Florida is a no-fault divorce state, Florida does not recognize abandonment as a fault ground for divorce. As such, if you were to abandon the marital residence, it could not be used against you in divorce proceedings. Further, he can go forward in the divorce without you even if you do not want... Read more »

1 Answer | Asked in Divorce and Estate Planning for Virginia on
Q: Can a probate court reverse overturn property distribution from a prior divorce decree?

My ex and I divorced 6 years ago. We had a jointly titled exotic car. In our divorce decree, my ex was supposed to pay me for my share of the car before he could retitle it into his name alone. He made a few payments then stopped. He subsequently died and now the executor of his estate is... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Jan 20, 2020

Your question does not match your description of the legal problem. Joint property with a right of survivorship will pass to the survivor upon the death of a co-owner. In Virginia, divorce severs survivorship rights between spouses. The estate would now include your deceased ex-husband's... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: My ex and I share joint legal & physical custody of our daughter. Whose address is her legal address?

Our divorce decree does not state whose address is her legal address. My address is used for health insurance as I carry it and her dad's address is used for school. She will be getting her license soon and we are not sure what address should be used.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

You should consider modifying the decree to explicitly state the Child's formal address. This could continue to cause problems down the line.

1 Answer | Asked in Divorce, Child Custody and Juvenile Law for Oregon on
Q: Can a noncustodial parent sign dmv forms for my 16 y/o stepson to get his driver's license in Oregon?
Joanne Reisman
Joanne Reisman answered on Jan 19, 2020

You will need to ask he DMV. But you are a step parent and not either a custodial or non-custodial parent. To save on being hassled just have one of his parents go with him. I don't think DMV cares who has legal custody.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a hearing on an order for temporary relief in my divorce case

I had representation until recently and my evidence is on lien and I have to regather my evidence as I just found out that prior counsel did not prepare or turn in my evidence needed for the judge in time for my hearing. Now I have nothing for my hearing and have missed a deadline I was not aware... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 19, 2020

You have nothing to lose by filing an emergency motion for continuance to allow you to seek new counsel-or to prepare your case for trial because you no longer have counsel.

1 Answer | Asked in Divorce for Illinois on
Q: My wife wants to get a quick divorce /no kids/no assets/ but neither can't live elsewhere for 6 months

She wants to leave US with no plans of coming back with in six months, and we both have no friends to just move there, niether money to just rent another apartment.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 19, 2020

Your question seems to assume that there must be a six month separation before you can get divorced. This is not true. If both of you agree to the divorce, you do not have to be separated for even one minute.

1 Answer | Asked in Divorce and Child Support for Texas on
Q: Getting a divorce in TX. Child support will begin in TX. Wife is now trying to start an assume case in Puerto Rico

I’ve been separated from my wife for many years. I reside in Texas and she and my daughters reside in Puerto Rico. We have two daughters together. I have been sending her child support via money gram (no order in place). I began divorce proceedings but she does not want to sign. Included in the... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 19, 2020

Consult with your attorney and if you don’t have one employee one as these issues can become legally complicated real fast. Even lawyers have to sort through various facts to come up with a solution. Good luck. 888-343-4529.

1 Answer | Asked in Divorce and Child Support for Georgia on
Q: old l

If a husband deserts a wife 10 years ago and hides in Louisianabut came from ga if she finally finds him can she still get alimony and child support?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 18, 2020

Possibly. Consult with an attorney about your specific circumstances.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How do I prepare and present evidence at my hearing pro se including videos, photographs and text messages?
Mr Eric Klein
Mr Eric Klein answered on Jan 18, 2020

The rules of evidence are very complex. Lawyers spend three to four years in law school and countless years of practice learning how to prepare and present evidence. For example there are 23 exceptions to the hearsay rule and you have to have them memorized as you are putting on your case before a... Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What does a father need to have for a compelling case in order for him to have custody of his children.

Mother and father were never married. And mother chose to leave

The father has a stable income and a house for the children. He also has a minimal criminal record in the past.

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

Mothers and fathers are equal under the law. It boils down to what the past history of caretaking has been, what the future caretaking plan is and what is in the best interest of the children.

There are also factors related to financial ability to care for the children, living...
Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I'm looking to get help divorcing my husband of 11 years. We've been separated for a little over a year. I have no incom
Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2020

Your location states MD, but your asking about divorce in New Jersey. Which state are you a legal resident of? In New Jersey, usually you have to be a resident of a state for one year. If you cannot afford a private attorney you need to contact legal aid. Your attorney can file what is known as a... Read more »

2 Answers | Asked in Divorce for Kentucky on
Q: In Kentucky, if you mom dies 2 days before your divorce is final, does your ex get part of your inheritance?
Timothy Denison
Timothy Denison answered on Jan 17, 2020

No. Inheritances are non-marital.

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1 Answer | Asked in Divorce for Texas on
Q: What is considered common law marriage in Texas

We lived together almost 20 years. Bought a house together in 1998 I thought we were going to be married he introduced me as his wife so they added my name on the deed with his last name and I signed using his last name.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 17, 2020

You have a very good chance of having a determination that you all are married. Find a divorce lawyer. However, due to law you can not be separated more than 2 years in order to prove up a common law marriage. Good luck 888-343-4529.

4 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You must have had Texas has your home state for the preceding 6 month period and been in the particular county you file in for 90 days up until time of filing in order to gain jurisdiction.

You will not be granted a divorce if you are pregnant.

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